Table of contents

COLONIAL PAPERS.

August 1717

1717. Aug. 1.

1. Mr. Attorney General to the Council of Trade and Plantations. Your Lordships informed me that when I should send
the draught of the Proclamation for pardoning of pirates (v. July
15), you would give me your assistance, etc. When the draught
of the pardon was made, all piracies were excepted, nevertheless
such pirates. who should surrender themselves by a day to be
prefixt were to be pardoned. But on further consideration
thereof, the Nevertheless etc. was left out, and the exception of
pirates remained absolute, it being then intended to issue a
pardon by Proclamation for pirates, on such terms as should be
thought proper. Whereupon I was commanded to prepare the
Proclamation for that purpose with your Lordships' assistance
etc. (v. July 15). I have now prepared the draught, which is
submitted to your Lordships, etc. Signed, Edw. Northey.
Endorsed, Recd, 2nd, Read. 7th Aug., 1717. 1 p. Enclosed,

2. i. Petition of Lucy Harwood, to the King. In 1716, Deponent's late husband Richard, accidentally met in the
highway and fought with Emanuel Healis. Her son
Richard hastening up to prevent mischief arrived after
her husband was shot dead by Healis, who also had
received wounds of which he died. Richard jr. apprehending himself to be lyable to be questioned for the
death of Healis, withdrew from the Island etc. Prays
for H.M. pardon of his offences. Signed, Lucy Harwood. 1 p. [C.O. 28, 43. pp. 455, 456.]

3. i. Petition of Sir Alexander Cairnes Bart., James Douglass
and Joshua Gee, merchants, on behalf of themselves
and others, to the King. Pray for a grant of land in
Nova Scotia for a settlement 5 leagues to the S.W. and
5 leagues to the N.E. of the River and Harbour of
Chiboutou etc. French. 1 p.

4. Mr. Secretary Addison to the Council of Trade and
Plantations. Refers following for their report. Signed, J.
Addison. Overleaf,

4. i. Petition of Bernardo de Guardia and Peter Diharce to
the King. Petitioners having attended the Council of
Trade and Plantations upon their former petition
(June 15), were informed that they not having particularly mentioned the damages, losses, proffitts and
intrest they have susteyned, or which they would
necessarily have gained by the voyage of the Nostra
Signora de Bethleem, their Lordships could not in pursuance of the reference take any notice thereof. At a
moderate computation these amount to £37,485 sterling.
Pray H.M. order that satisfaction be made etc. Signed,
Bernardo de Guardia, Peter Diharce. The whole
endorsed, Recd. 6th, Read 9th Aug., 1717. 1¼ pp.
Enclosed,

5. Council of Trade and Plantations to Mr. Secretary Addison.
Enclose following to be laid before H.M., "appearing to us to be
matters of very great consequence to the Trade of this Nation."
Autograph signatures. 2 pp. Enclosed,

6. Daniel Bolton to the Council of Trade and Plantations.
The late French part of St. Christophers contains 30,000 acres
whereof 20,000 are the best in all the Leeward Islands for sugar
canes, the other 10,000 acres are fit for graising and producing
cotton and indico. £60,000 has been offered for the said lands
etc. All or most of the Proprietors of St. Christophers, who were
plundered by the French to whom debentures have been made out
for the losses they sustained, had large plantations granted them
of the sd. French lands, who still hold(s) the same rent free (and
ever since the said Island was invaded by the French) out of
which they have raised considerably more mony, than the
losses they sustain'd by the said invasion, besides the intrest they
have received from the Crown on their said debentures. The
said 10,000 acres are worth £10 pr. acre. Mr. Buckridge the late
Collector of Antego delivered an estimate thereof to the late
Lord Bolingbroke at £20 pr. acre, but the reasons why his Lordship stifled that estimate is obvious. The other 10,000 acres
which lyes adjacent to the salt ponds are by a modest computation
worth 20/s. pr. acre, besides what the salt ponds may produce.
The town of Basse Terre, containing between 50 and 60 houses,
will yield the Crown £4000, which the present possessors are
willing to pay. Total, £214,000. Signed, Danl. Bolton.
Endorsed, Recd. Read 6th Aug., 1717. 2 pp. [C.O. 152, 12.
No. 7.]

Aug. 7.Whitehall.

7. Council of Trade and Plantations to the Lords Commissioners of H.M. Treasury. Transmit copies of papers already
made in reply to 17th July etc. Continue;—The rest shall be sent
as soon as possible. But in the mean time having seen your
Lordps.' advertizement in the Daily Courant and Gazette,
whereby you have been pleased to direct such persons as are
willing to purchase the said lands, to lay their proposals for that
purpose before us on or before the 24th day of this instant August,
we thought it necessary to acquaint your Lordps. that we have
already made some progress in our enquiries concerning the
value of the said lands. But as we have no survey of the same
and as the accounts we have received from such persons as we
have discoursed upon this subject do vary extreamly, not only
in the value, but likewise in the number of acres contained in the
late French part of St. Christophers; we are of opinion it will be
most for the advantage of the publick that the lands should be
parcell'd out into lots, and sold at a certain value per acre.
But as the persons designing to purchase must be at a loss in what
manner to turn their proposals, we would beg leave to submit
to your Lordships whether it may not be convenient that they
should be apprized of the annexed conditions; which we conceive
necessary for the settlement and security of the Island, being in
great measure the same that have been proposed in former reports
by this Board. If your Lordps. shall approve of these preliminary conditions or any of them, we shall be glad to know your
sentiments thereupon, that if you think proper the same may be
communicated to the persons who are to make their proposals
before we receive the same, whereby in our opinion much time
may be saved. When we shall have received and considered the
proposals that will be laid, relating to this matter, we shall take
the liberty to offer your Lordps. what may further occur to us as
necessary towards the better settlement of the said Island.
Annexed,

7. i. Preliminary conditions proposed for purchases of lands
in the late French part of St. Christophers. (i) A quit-rent not exceeding 6d. pr. acre to be reserved. New
purchasers to be liable to the 4½ p.c. Plantation duty,
and all laws, customs and usages now in force in the
English part. (ii) 3000 acres lying most contiguous to
the sea, and not proper for sugar-canes, to be given
gratis in small plantations from 8 to 10 acres to poor
families etc. to be held in capite and unalienable.
(iii) The salt ponds to be reserved for the use of the
Island in common. (iv) The French Protestants' lands,
which they lost upon account of their religion and which
upon that consideration have been regranted to them
by H.M. shall continue in their possession, subject to
the same quit-rents, tenures and imposts as the new
purchases. (v) Such parcells of improvable lands,
as are at present held by any intermediate lease from
the several governmts. of the Leeward Islands shall
continue in the possession of the present planters,
provided they will pay a just value for the same, and
hold their lands under such conditions as the other
purchasers etc. (vii) No one person shall be allowed
either now or hereafter to purchase above 200 acres of
such land now to be disposed of, as shall be deemed
plantable for sugar canes, and whoever is already
possessed of a plantation in the said Island or any other
of the Leeward Islands, if it already exceed 200 acres
of the plantable land, shall not be admitted to be a
purchaser etc. (vii) Each grantee to be obliged to
cultivate the lands in a certain limited time, and for
every 40 acres to keep one white man or two white
women within a year after the date of their grant or
bill of sale, and one white man or two white women for
every 20 acres three years after the sd. date. (viii) The
ground not adjudged improvable, if the same will not
produce upon sale any considerable sum, to be reserved
in the hands of the Crown, till a further demand for
land in the said Island may render the same more
valuable, or given gratis in capite, to poor inhabitants
in the same proportions, and under the same conditions
with the 3000 acres on the sea coast. (ix) No Roman
Catholicks shall be admitted purchasers of any of the
lands now to be disposed of. [C.O. 153, 13. pp.
61–66.]

Aug. 9.Whitehall.

8. Council of Trade and Plantations to Mr. Secretary Addison.
Enclose following, in reply to 11th May, to be laid before H.M.
Annexed,

8. i. Council of Trade and Plantations to the King. Representation upon the pretensions of the Danes to St. Thomas
and the little Isles about it. By the copy of the letter of
King Charles II (v. C.S.P. ix. Sept. 23, 1672) which the
Danish Envoy has produced, it does not appear that
H.M. gave directions against molesting the subjects of
the King of Denmark upon any other Island or Colony to
which H.M. of Great Britain had a right, except that of
St. Thomas; but that in the same letter it is required
and commanded that H.M. Governor forbear and forbid
the doing of anything that may give just cause of unkindness between his Majesty and the King of Denmark,
and to shew and exercise all acts of friendship to the
inhabitants of the aforesaid Island of St. Thomas and all
other the subjects of the said King of Denmark in the
West Indies, upon express condition, that they the said
subjects of the King of Denmark in the mean time do
nothing contrary to his Britannick Majesty's right in
his Colonies Islands and Plantations there etc. That by
the expression all other the subjects of the said King of
Denmark in the West Indies, was meant of no other
settlement besides St. Thomas, and such Danish subjects
as might be met with at sea by the subjects of Great
Britain, or who might have occasion to touch at any of
the Colonies belonging to H.M. of Great Britain, we
humbly conceive appears by the subsequent Instructions
given to the Governors of the Leeward Islands and
other entries we find in the books of our Office which we
take leave to mention to your Majesty as follows.
Refer to Sir W. Stapleton's letter 11th Nov., 1682, and
Representation thereupon, Order in Council 28th Feb.,
1682, and Instruction to Governor Stapleton 7th May,
1683 (to assert the right of England to the Virgin
Islands), Order in Council, Nov. 14, 1683 (directing
Sir W. Stapleton to seize the Governor of St. Thomas
etc.), Lord Sunderland's letter 19th Feb., 1684,
Representation 13th May, 1684, Order in Council 15th
May, 1684, letters of Sir W. Stapleton 28th Oct., 1684,
and Governor Sir Nath. Johnson 20th Feb., 1688,
Mr. Blathwayt's report, 6th July 1688, (that Crab Island
is one of the Virgin Islands), Governor Sir N. Johnson's
letter 2nd June, 1688, etc. For these documents v.
C.S.P. 1682–1688. Continue:—From which passages
abovementioned it may be observed that Tortola and
Anguilla were inhabited by subjects of Great Britain,
and that if the Danes had ever any settlemt. on Crab
Island or any of the Islands adjacent besides St.
Thomas, it would probably be mentioned, which we
have not found in any of the books or papers before us.
It having been represented to King William that some
foreigners endeavoured to settle on Crab Island, H.M.
was pleased to give Instructions 4th Dec., 1694 to
Governor Codrington requiring him "to assert H.M.
title to all the Virgin Islands, so that the subjects of
any foreign Prince or State whatsoever be not permitted
to settle in any of the said Islands except St. Thomas
which had been for some time in possession of the
subjects of the King of Denmark, who were likewise
to be given to understand that in case they should at
any time act in prejudice to H.M. right of Sovereignty
in those Islands that the King of Denmark had no good
title to St. Thomas itself," etc. Which Instruction has
been continued to all the succeeding Governors, and by
your Majesty to Governor Hamilton, and the same being
as we humbly conceive very much for your Majesties
service, we can by no means presume to advise any
alteration therein. [C.O. 153, 13. pp. 66–75.]

Aug. 9.Whitehal.

9. Mr. Popple to Sir Edward Northey. Gives suggestions
from the Board for draught of proclamation concerning pirates
(Aug. 1st.) The time limit to be one year from the date of the
Proclamation. The reward for apprehending a pirate commander
to be £100, and for other officers £40 and £30, and private men £20.
The men of any pirate vessel seizing their Commander to receive
double the reward. Concludes:— Their Lordships finding that
Henry Every alias Bridgman was excepted in the last Proclamation, desire you to consider whether it may not be proper
to except him in this. [C.O. 324, 10. pp. 131, 132.]

Aug. 12.Jamaica.

10. Peter Heywood, Commander in Chief of Jamaica, to the
Council of Trade and Plantations. Since my last, I have reced.
from a gentleman that was taken prisoner by the Barbadoes
pyrate a parcell of papers wch. as he gave me account he had
saved from the pyrates (seeing them directed for H.M. Governr.
of Jamaica) who had taken the same on board a sloop bound for
the Havanna from La Vera Cruiz, and altho' I know not what
to write to those prisoners who are at La Vera Cruz, if an opportunity shd. offerr, I thought it my duty to remit coppys of them
to your Lordships for directions if you shall think it necessary.
We have account of pyrates from all parts, soe that 'tis with
great hazard ships come to us, wch. has occasion'd a great
scarcity of all sorts of provisions. Capt. Candler in H.M.S.
Winchelsea is gone for Porto Vela and H.M. two sloops ye Swift
and Tryall by his orders follow'd him sayleing from Portroyall
ye 5th instant, soe here is only left for the defence of this Island,
ye Adventure who has put up notices at Portroyal and Kingston
that he will take under his convoy to see them thro. the Windward
passage all such ships as will be ready to sayle ye 14th instant.
The Assembly of our Island met according to prorogation ye
7th instant nothing of moment as yet has offerrd to signifye to
Your Lords. but by the next opportunity shall prepare their
Minutes and send them. Signed, Peter Heywood. Endorsed,
Recd. 28th Oct., Read 19 Nov., 1717. 1 p. Enclosed,

10. i. Duplicate of July 3rd.

10. ii. Capt. Beverley, of Virginia, to the Govr. of Jamaica.
Vera Cruz, March 6, 1716. Fresh intelligence in May
last informed the Governor of Virginia that some
pyrates had landed on the Island of Providence within
his jurisdiction as Admirall, to the disturbance of the
inhabitants, some of whom removed to Virginia and
brought news from Providence that a wreck was dayly
expected to be found there, and also that provisions
were scarce, etc. Encouraged by the Governor, who
gave me the enclosed credentials and instructions and
furnished me with the King's arms etc., I sailed in a
new sloop loaded with provisions and in my passage to
Providence on 5th July was taken by a Spanish man of
war St. Juan Baptista commanded by Don Joseph
Rocher de la pena rere Admirall of their Barlevento
squadron, who did have no regard to my credentials but
carryed me prisoner with him to Vera Cruz, Sept. 12th,
and have been kept prisoner ever since, where some of
my men for want of subsistance are dead, and the Vice-roy in Mexico has condemned my sloop without suffering
me to appear or speak one word for myself or knowing
what is said against me, my men indeed are now suffered
to embark to Cuba, but the Vice-Roy's orders is that
myself shall be kept a prisoner, so that I cannot expect
relief in any reasonable time from Virginia it being at
such a distance, etc. Prays for H.E. assistance.
Signed, Harry Beverley. Endorsed as preceding. 1⅓ pp.

10. iv. Lt. Governor Spotswood's Instructions to Capt.
Beverley to proceed to the Bahamas and to enquire
about the pirates at Providence, the state of the Islands,
and wrecks upon H.M. coasts etc. Signed, dated and
endorsed as preceding. Copy. 3 pp.

10. vi. Additional Instruction from Lt. Governor Spotswood
to Capt. Beverley. If you meet with any Spanish
Commissioner for enquiring into the affair of the wrecks
on the coast of Florida, you are to acquaint them that
Josiah Forbes master of a sloop belonging to Philadelphia having come into this Colony and being suspected
of taking away by force plate and other goods from the
Spaniards on that coast is under confinement here untill
he shall give bail to answer what shall be laid to his
charge etc. Signed, dated and endorsed as No. iii.
Copy. 1 p.

11. Sir Alexander Cairnes to Mr. Popple. Excuses himself
from attending the Board, owing to his "being here drinking the
waters." Hopes for the Board's favourable report, the district
desired being so small, and the undertakers disclaiming any
inclination to have the power of government, etc. (v. Aug. 2.)
Signed, Alex. Cairnes. Endorsed, Recd. Read 14th Aug., 1717.
Addressed. 1 p. [C.O. 217, 2. No. 34; and 218, 1. pp. 329,
330.]

Aug. 13.N. York.

12. Governor Hunter to Mr. Popple. Encloses Naval officer's
accounts. Mr. Huddy and Mr. Parker two of the Council of the
Jerseys are lately dead and Mr. Byerley is little better and Mr.
Deacon through age unable to attend. Recommends Peter
Tretwell and John Wells in the Western Division and John Read
in the Western in their room etc. "I have some hopes of ye
pleasure of embraceing you next Spring" and not till then, etc.
Signed, Rd. Hunter. Endorsed, Recd. 28th Sept., Read 14th
Nov., 1717. Holograph. 1½ pp. Set out, N.J.Arch. 1st Ser. II.
326. [C.O. 5, 971. No. 16; and 5, 995. p. 395.]

Aug. 14.

13. Agents for the owners of the Nostra Signora de Bethleem
to the Council of Trade and Plantations. Rectify some mistakes
in former claim (v. Aug. 6th.) Endorsed, Recd. Read 14th Aug.,
1717. 1 p. [C.O. 137, 12. No. 56.]

Aug. 15.London.

14. George Bampfeild to Mr. Popple. One Mulford having
printed and given about some papers against Brigadr. Hunter,
which I doubt not will appear to their Lordships to be frivolous
and vexatious like the other complaints that have been made
against him, prays that they may be transmitted for his answer
etc. Signed, Geo. Bampfeild. Endorsed, Recd. Read 15th Augt.,
1717. 1 p. [C.O. 5, 1123. No. 30.]

Aug. 15.Whitehal.

15. Council of Trade and Plantations to Mr. Secretary
Addison. Refer to letter of 22nd July in reply to 12th July.
Enclose copies of Lt. Governor Spotswood's letter of 30th May
and accounts, and submit his proposal for the payment of the
debt on the establishment out of the Quit-rent fund etc. Autograph signatures., 2 pp. Enclosed,

16. Christopher Stoddard to the Council of Trade and
Plantations. Having been a great sufferer in 1706 as a planter
in St. Christophers, petitioner obtained a grant of a former
French plantation from General Douglass; General Hamilton
without colour of reason ejected him and gave the same to Mr.
James Milliken at Nevis, upon which Stoddard came over to
London to lay his case before H.M. Petitioner had improved
this plantation of 60 acres so that, whereas it was worth £3 pr.
acre, now it is worth £5, which he now offers to pay, or asks to
be allowed for his improvements, if sold to another etc. Signed,
Christopher Stoddard. Endorsed, Read 28th Aug., 1717. 2½ pp.
[C.O. 152, 12. No. 21.]

Aug. 15.London.

17. Eliz. Buxton, Widow, to the Council of Trade and
Plantations. Proposes to buy a plantation in the late French
part of St. Christophers, of 150 acres for £300 sterl. Signed,
Eliz. Buxton. Endorsed, Read 28th Aug., 1717. ¾ p. [C.O.
152, 12. No. 26.]

Aug. 16.Whitehall.

18. Council of Trade and Plantations to Mr. Secretary
Addison. Enclose following to be laid before H.M. Autograph
signatures. 1 p. Enclosed,

18. i. Same to the King. Representation in reply to July 17th.
We humbly conceive that your Majesty's most gracious
orders may fitly be renewed (v. May 13, 1715) to Sr.
Nicholas Laws, who is now going your Majesty's Governor
of Jamaica, that £2706 6s. 3d. may be paid Lord A.
Hamilton out of the first and readiest of the Revenue
of that Island unappropriated, and in case the intire
revenue is appropriated, that your Majesty may be
pleased to give your Instructions to Sr. Nich. Lawes,
that he do recommend to the Assembly at their next
meeting in the most effectual manner, to make provision
for so just a debt. And in regard Lord A. Hamilton
and the late Council of Jamaica have been long out of
their money, we have no objection why your Majesty
may not order interest to be paid for it at the ordinary
rate of interest in Jamaica. We humbly conceive such
an allowance the more reasonable, since we find by an
Act passed there the 10th of Nov. last, a greater interest
was directed to be allow'd to Coll. Heywood for mony
advanc'd by him on the like service. As to the arrears
of salary and some other debts claim'd by the Lord A.
Hamilton out of the Revenue of Jamaica, we are humbly
of opinion that Sr. Nich. Lawes upon his arrival there
will best judge thereof, whom your Majesty may be
graciously pleas'd to direct to cause payment to be made
of what shall appear to be justly due to his Lordship.
Autograph signatures. 3 pp. [C.O. 137, 46. Nos. 26,
26 i.; and 138, 15. pp. 288–291.]

21. William Fenton to the Council of Trade and Plantations.
Proposal to purchase 200 acres of land in the French part of
St. Christophers, where, after suffering much in defence of the
same, 1706, he now cultivates a plantation, paying 1/5th of the net
produce, a vast rent etc. Signed, Wm. Fenton. Endorsed, Read
28th Aug., 1717. 1½ pp. [C.O. 152, 12. No. 18.]

Aug. 22.Whitehall.

22. Mr. Secretary Addison to the Council of Trade and
Plantations. I have laid before H.M. your Lops.' letter of the
3rd of July last. H.M. is very well satisfied with the conduct of
Governor Hunter, which you will please to signify in such a
manner, as you shall think the most likely to silence such reports,
and defeat such practices for the future, etc. Set out, N.J. Arch.
1st ser. iv. 327. Signed, J. Addison. Endorsed, Recd. 22nd,
Read 30th Aug., 1717. 1 p. [C.O. 5, 971. No. 15; and 5, 995.
pp. 336, 337.]

Aug. 22.Treasury Chambers.

23. H. Kelsall to Mr. Popple. The Lords Commissioners of
the Treasury refer following to the Council of Trade and Plantations for their report. Signed, H. Kelsall. Endorsed, Recd.
22nd Aug., Read 25th Sept., 1717. 1 p. Enclosed,

23. i. Draft of H.M. Grant of Land in Nova Scotia, 12 miles
by 12 including Cape Dore in the Bay of Fundy, for
31 years, etc. 2¾ pp. [C.O. 217, 2. Nos. 36, 36 i.; and
(without enclosure) 218, 1. pp. 333.]

Aug. 22.

24. Thomas Johnson to the Council of Trade and Plantations.
Having observ'd the advertizement in the Daily Courant, proposes
to purchase the whole of the late French part of St. Christophers
for £61,000. Signed, Tho. Johnson. Endorsed, Read 28th Aug.,
1717. ¾ p. [C.O. 152, 12, No. 19.]

Aug. 22.London.

25. John Smith to the Council of Trade and Plantations.
Proposal on behalf of Henry Rawlings, now residing in St.
Christophers and having no lands there, to purchase a certain
plantation of 70 acres in the late French part, for £5 sterl. pr.
acre. Signed, John Smith. Endorsed, Read 28th Aug., 1717.
¾ p. [C.O. 152, 12. No. 20.]

Aug. 22.London.

26. Humphry and Robert South and Saml. and Joseph
Travers, on behalf of Geo. Liddell and Robt. Clayton, to the
Council of Trade and Plantations. Propose to purchase their
two improved plantations in the late French part of St. Christophers for £5 pr. acre. These plantations were confirmed to them
by H.M. etc. v. encl. 1. Signed, Humpry. and Robt. South,
Saml. and Joseph Travers. Endorsed, Read 28th Aug., 1717.
2 pp. Enclosed,

26. ii. Copy of Governor Parke's grant to above 3rd Dec.,
1708, in pursuance of H.M. order 6th Dec., 1705, for
2½ years, with an equitable title to H.M. bounty for
them in case the whole Island should remain to the
English the next Treaty of Peace, etc. 2 pp. [C.O. 152,
12. Nos. 22, 22 i., ii.]

Aug. 22.

27. John Smith, Agent for the widow of John Thornton, to
the Council of Trade and Plantations. Proposal to purchase
on her behalf, at £6 sterl. pr. acre, 200 acres of a plantation in the
late French part of St. Christophers, temporarily confirmed by
H.M. to the late John Thornton, and improved by him. Signed,
John Thornton. Endorsed, Read 28th Aug., 1717. ¾ p. [C.O.
152, 12. No. 24.]

Aug. 22.

28. Richard Bankes to the Council of Trade and Plantations.
Proposes to purchase the whole of the late French part of St.
Christophers, excepting the salt pans and poorest lands adjoining,
and resell it in parcels etc. at £6 sterl. per acre, etc. upon certain
conditions. Signed Richd. Bankes. Endorsed, Read 28th Aug.,
1717. 4 pp. [C.O. 152, 12. No. 11.]

Aug. 22.London.

29. Peter Cabibel of London, Merchant, to the Council of
Trade and Plantations. Prays that he and his partner, Peter
Soulegre, who were ruined by the war and the French invasion
of St. Kitts, 1705, may be confirmed in the grants of two plantations made to them by Danl. Smith and Lt.-General Mathew,
which they have improved with great cost. They offer to pay
the same price as the untilled land in the French ground is sold
for, etc. Signed, Peter Cabibel, Senior. Endorsed, Read 28th
Aug., 1717. 2½ pp. [C.O. 152, 12. No. 15.]

Aug. 23.

30. Micajah Perry, Joseph Martyn, Humphrey and Robert
South and John Mills to the Council of Trade and Plantations.
As agents for planters in following list, pray that they may be
confirmed in the grants of plantations in the late French part
of St. Christophers, made to them by several governors, and
improved by them. Offer to pay £5 per acre etc. Conclude;
Which method of disposing of the French part of the island to
the present possessors for a reasonable value will the most
effectually tend to the speedy settling, strengthening and improving the said island etc. Signed, Micajah Perry, Joseph
Martyn, Humphrey and Robert South, John Mills. Endorsed,
Read 28th Aug., 1717. 2 pp. Enclosed,

31. Lt.-Governor Daniel Smith and John Smith to the Council
of Trade and Plantations. Propose to purchase, in behalf of
Richard Abbot of Nevis, the house and 250 acres of land in the
French part of St. Christophers granted to him by Governor
Codrington for service at the taking thereof etc., for £6 sterl.
per acre. Signed, Danl. Smith, John Smith. Endorsed, Read
28th Aug., 1717. 1 p. Overleaf,

32. James Butler to the Council of Trade and Plantations.
Proposals for certain plantations in the late French part of St.
Christophers for himself. and for Thomas Fenton and Capt.
Jno. Williams of St. Christophers, at £6 per acre, and for another
for James Jackson at £5 per acre. Signed, James Butler.
Endorsed, Read 28th Aug., 1717. 1 p. [C.O. 152, 12. No. 14.]

Aug. 23.London.

33. Robert Heysham to the Council of Trade and Plantations.
Proposal, on behalf of the widow of Col. John Panton, for a plantation of 200 acres in the late French part of St. Christophers,
improved by her, for £5 pr. acre etc. Signed, Robt. Heysham.
Endorsed, Read 28th Aug., 1717. ¾ p. [C.O. 152, 12. No. 31.]

Aug. 23.St. Christophers.

34. "Philo Patria" to the Council of Trade and Plantations.
I cannot sufficiently extoll that beneficiall vote of the House
of Commons for the sale of the French lands here for the most
that can be got for them. For the inhabitants have been long
conspiring to depreciate the real values of them, and in laying
of schems to obtain grants of their possessions for almost nothing
etc. These lands are much the richest of all the Leeward Islands.
The inhabitants will give from £4 to £7 per acre etc. The temper
of the inhabitants is such, that they will sooner give a price to
a private person, than the Crown etc. Urges a speedy disposal,
"for at present many givan under the Government of the present
Captain Generall, who turns whom he pleases out of the plantations, reaps the crops, or grants them to favorites" etc. Signed,
Philo Patria. Endorsed, Recd. Read 1st. Oct., 1717. Addressed.
2½ pp. [C.O. 152, 12. No. 42.]

Aug. 23.

35. Governor, Council and Assembly of Jamaica to the King.
Congratulate H.M. upon the securing your Kingdoms against
the danger of invasion from the Pretenders Swedish abettor.
We cannot sufficiently acknowledge your Majesties tenderness
in the reliefe designed us against pirates, by your ships of warr
sent for the service of this island, when your affairs at home
required so great an appearance in the Sound and other Stations;
and as the cause of that necessary preparation is succesfully
ceased, we are the more incouraged to hope yr. Majesties protection will yet attend our trade with Great Brittain. Your
Majesties early condescention in declaring your royall inclination
towards our better establishment, by your gracious letter to
ye late Governor, has (it's hoped) had the desired influence on
ye present Legislature of your Island, neither shall we (according
to the respective parts we beare in it) be wanting to your further
expectation, in providing for your officers and soldiers now in
this Island, and granting all necessary aids to your Revennue"
etc. Signed, Peter Heywood, Pe. Beckford, Speaker, S. Page
Cl. Con. 1 large p. [C.O. 137, 51. No. 71.]

Aug. 24.

36. Nathaniel Carpenter, on behalf of John Hulstum of Nevis,
to the Council of Trade and Plantations. Proposal to purchase
one plantation in the late French part of St. Christophers for
£200, and another of 150 acres for £500. Signed, Nath. Carpenter.
Endorsed. Read 28th Aug., 1717. 1 p. [C.O. 152, 12. No. 27.]

40. Governor Hamilton to the Council of Trade and Plantations. Begins with duplicate of July 15, continues;—Since
which I came down to this Island, to witt on the 17 July last,
and sent the man of warr back to Antigua, to gett into harbour,
in order to lay there during the hurricaine time, there being
nothing but open roads in any of the other Island's, for fear of
her comming to any damage by bad weather, and I shall be
obliged to stay here during that season, which wee reckon is
not over till about the 20th Oct. Wee had a violent storm on
the 19th instant, by which means (as I am informed) that thirteen
saile of vessells were lost at the Island of St. Christophers, most
of them sloop's, no great damage done here, there being no ship's
in the Road, and but three sloop's, two of which put to sea, the
other was cast away, with some small sugar drogers, I have not
heard since from either Antigua, or Mountseratt, so can not
informe your Lordship's what damage has been done there, etc.
All that I could say to the poor people of Anguilla (v. 15th July)
when they were with me, or all the arguments the Governour
made use of, did not availe etc. (v. enclosure i.), but being headed
by one Abraham Howell (formerly Governour of Anguilla) they
did embarke upon severall small sloop's, and are gon without
my leave, or without any Commission, to setle upon Crabb
Island, a little way to windward of the Island of St. John de
Porto Rico. This Howell was the chiefe man that formerly
joyned in a petition about setling upon the Island of Sainta
Croiss, etc. Refers to letter of 14th April, 1716. And I am afray'd
the mischiefe will not stop here, for I am inform'd, that by this
delusion severall of the poor inhabitants from all the other Island's,
designe to remove themselves thither, which I conceive will be
greatly prejudiciall to H.M. interest, and tend much to the
weakening of the other H.M. chiefe Island's, who are alreddy
verry thinly peopled, what with the devastation's made by the
French the last warr upon the Island's of Nevis, Saint Christophers, and Mountseratt, as well as other accidents, has deminished
the numbers verry much, and should there at any time be a
rupture (which God forbid) between H.M., and any forraigne
power, our people being so scattered up and downe in such small
numbers would in my humble opinion endanger the loss of most,
if not all the Island's, but all this I must refer to your Lordship's
more discerning judgment, but withall hoping your Lordship's
will make such a representation of this matter, and what is
contained in my former letters relating hereto, that I may
speedily receive H.M. order, with your Lordship's directions
how to proceed. Signed, W. Hamilton. Endorsed, Recd. 18th,
Read 19th Nov., 1717. Holograph. 3½ pp. Enclosed,

40. i. Lt. Governor Leonard to Governor Hamilton. Anguilla,
12th August, 1717. According to your Excellency's
last, I did use all arguments to keep the people of this
Island together until your Excellency had an answer
from home, etc., but all would not do with sinking men,
for having no orders to restrain them they laid hold
of any twigg: What orders Capt. Howell brought
from your Excellency I know not etc.; I sent your
Excellency's instructions to me, to him; but he went
away to Crabb Island and carried away 40 odd white
men and between 20 and 30 negroes with him; I wish
them well, but the suckess of such rash actions are
always to be doubted, etc. Signed, George Leonard.
Endorsed as preceding. Copy. 1 p. [C.O. 152, 12. Nos.
54, 54 i.; and (without enclosure) 153, 13. pp. 167–170.]

43. Petition of Stephen Browne to the King. Prays for a
grant as preceding, he being an inhabitant of St. Christophers
who signaliz'd himself on all occasions during the war in defence
of the Island, and was often plundered upon acct. of his vigorous
resistance and valour, etc. 1½ pp. Annexed,

45. Lt. Governor Daniel Smith to the Council of Trade and
Plantations. Proposal to purchase 200 acres in Capesterre. The
full value is £6 pr. acre, but hopes for a rebate in recognition of
his services, he having on the happy revolution of 1688 at the
head of a company rais'd in Nevis, voluntarily expos'd his life for
the reduction of St. Christophers at his own expence, and under
General Codrington commanded all the forces wch. from Nevis a
second time reduced it etc. Signed, Danl. Smith. Endorsed,
Read 28th Aug., 1717. 1 p. [C.O. 152, 12. No. 23].

[Aug. 28.]

46. Petition of John Douglas to the Council of Trade and
Plantations. Her late Majesty did, under the Great Seal of
the Leeward Islands, 3rd Nov., 1711, grant unto Sir John Leger
Kt., James Douglas of London, Doctor of Physick, and Jno.
Thornton of Nevis, a plantation in Basseterre for 3 years etc.,
with an equitable title to her gracious bounty for the same in
case the whole Island should remain to H.M. at the Peace etc.
Whereupon petitioner's trustees and agents have expended
very great sums in improving and building upon the same. Prays
for an absolute grant of this plantation, commonly called Pensez
y bien. The grant of this plantation and another was confirmed
for 2½ years by Lt. General Matthews 10th Jan., 1716. Petitioner
has no other means of making further progress in his education
and subsisting his parents etc. Endorsed, Read 28th Aug., 1717.
3¼ pp. [C.O. 152, 12. No. 25.]

[Aug. 28.]

47. Henry Brown to the Council of Trade and Plantations.
Proposal to purchase 250 acres of the late French part of St.
Christophers at £4 sterl. per acre, "the rack full value thereof,"
etc. Endorsed, Read 28th Aug., 1717. 1¼ pp. [C.O. 152, 12.
No. 28.]

[Aug. 28.]

48. Peter Buor, P. de Brissac and Samuel Hill, on behalf of
planters of the late French part of St. Christophers, to the Council
of Trade and Plantations. Petitioners have devoted themselves
and their credit to clearing and improving the plantations granted
to them by the Governors. They are informed that several
persons maliciously bid upon their laborious improvements and
more than the land is really worth, which will cause their utter
ruin etc. Propose that they be allowed to purchase their plantations out of a tax per acre. In 1716 they have been taxed
by the inhabitants of the English quarter 15/- per head for
each negro to pay debts contracted 10 years before their settlement, and this year £500 for a fortification called "Brimstone
Hill." "We have not the privilege to elect members to sit in
the Assembly wch. makes these great and oppressive taxes being
tax'd by the inhabitants of the English Quarter at their pleasure
which is contrary to us, our known laws and liberties of English
subjects. Several of the poor inhabitants who have no grants
have been obliged to leave the Island, having no lands allotted
them that are fit for to plant provisions for their families on,
and will speedily return if there is any small provisions made
for their families at 5 or 6 acres to each family, out of which
they might pay a small acknowledgment pr. annum, per acre
to be employed for the fortifications." Pray for their Lordships'
consideration etc. Signed, Peter Buor, P. de Brissac, Saml.
Hill. 3 pp. Annexed,

48. i. Same to same. Further considerations upon the
settling of the late French part of St. Christophers.
Only those to be settled there who have no habitations
in the English Quarter or in the Leeward Islands, and
are not Jacobites, Non-jurors or Papists. They must be
obliged to take the oath of allegiance etc. 3,000 of the
11,000 available acres to be given in 6 acre lots to poor
inhabitants etc. 4 pp. The whole endorsed, Recd.
28th Aug. [C.O. 152, 12. Nos. 30, 30 i.]

[Aug. 28.]

49. Samuel Mulford to the Council of Trade and Plantations.
An account of the proceedings against him in New York. He
has done no ill, but did not run in with a Jacobite party when
that was to much in fashion four or five years ago, and has fared
the worse for it. On Aug. 24th, 1716, the Assembly addressed
H.E., praying that he might be discharged from prosecution
for printing and publishing a speech formerly made by him in
Assembly. H.E. replied that he could not discharge him, unless
he would own it to be a false and scandalous libell. This is
contrary to the Act of Assembly, 1691. Mulford was indicted
in 1715, for his Speech (infra). The Grand Jury endorsed the
bill Ignoramus, after which the Attorney General proceeded
by way of information in the Supreme Court, and the Chief
Justice at New York bound him over in £500 to attend the
Court from time to time. He has attended 4 Courts, 115 miles
from his habitation without any determination had therein.
All these proceedings are contrary to the Act. 1st Wm. and
Mary, that freedom of speech etc. in Parliament ought not to be
questioned out of the House etc. Signed, Samll. Mulford.
Endorsed, 28th Aug., 1717. Read 28th March, 1718. 3 pp.

49. i. Writ of attachment, issued for the arrest of Samuel
Mulford for publishing his libellous and seditious
Speech to the Assembly, April 2, 1714. Signed, David
Jamison, Commissioner for executing the office of
Attorney-General. 3¼ pp. Enclosing,

50. John Lloyd and other Merchants to the Council of Trade
and Plantations. The imports of whale oil and bone from New
York have greatly decreased, owing to disputes with the Governor
as to a duty demanded for whales catched there. Propose that
the inhabitants have free liberty to kill whales etc. Signed,
John Lloyd, Charles Lodwick and 6 others. Endorsed, Recd. 28th
Aug., 1717, Read 28th March, 1718. 2½ pp. [C.O. 5. 1051.
No. 60.]

Aug. 28.Whitehall.

51. Council of Trade and Plantations to Mr. Secretary Addison.
It being necessary for us from time to time to have recourse to
several of the Plantation Laws for our information in matters
that come before us, and as most of the said laws at present are
contained in great bundles of parchment, which makes it more
difficult and tedious to come at what is immediately wanted we
think it will be for H.M. service that we should have an order
to H.M. Printer to print from time to time such of the said
Laws as we shall send to him. We desire you will lay this before
H.M., and to let us know his pleasure thereupon. Autograph
signatures. 1 p. [C.O. 5, 4. No. 18; and 324, 10. sp. 133.]

54. Sir N. Lawes to the Council of Trade and Plantations.
The trade of Jamaica has been in a most dangerous condition,
for want of a sufficient number of ships of war, whereby many
depredations have been committed by pirates of all nations
who infest those seas; and are so powerfull, that the merchants
ships have been, and are obliged to stay after their being loaded
till one of H.M. ships of war could or can see them out of the
danger of them; to the great loss of traders, owners of vessels,
and H.M. Revenue. To reduce the pyrates, H.M. clemency,
accompany'd with a number of proper ships of war, to cruise
in those parts, is the most, if not the only effectual means etc. To
curb all pyrates and check the insults of the French and Spaniards
(who have never failed to insult us when they have found us
disarmed and without ships of war in those seas) it is absolutely
necessary even in the profoundest time of Peace and when the
coast of Jamaica is not so infested with pyrates, that at least
three men of war, vizt. a fourth, fifth and sixth rate, should be
constantly attending the service of that country and under the
immediate direction of the Governor. For some years many
complaints have been made of inconveniencies to the Trade and
Navigation of the Island by reason the ships of war have not
been under the direction of the Govr. whereby the service of the
ships has been at the choice of the Captains, who have often
refused going on that, which was absolutely necessary for the
security of the trade and publick good, which was not the case
when the ships of war were under the immediate direction of
the Govr. Prays that a Representation may be made accordingly.
Endorsed, Recd. 29th Aug., Read 10th Oct., 1717. 1 p. [C.O.
137, 12. No. 76; and 138, 15. pp. 314–344.]

Aug. 29.

55. Same to same. Observations upon the draught of his
Instructions for the Government of Jamaica. Endorsed, Recd.
29th, Read 30th Aug., 1717. 2½ pp. [C.O. 137, 12. No. 59.]

Aug. 29.Whitehall.

56. Council of Trade and Plantations to the King. Recommend John Colleton for the Council of Barbados in the
room of Thos. Alleyne decd. (cf. July 6, 1716 and April 22, 1717).
[C.O. 29, 13. pp. 387 bis.]

Aug. 29.Hampton Court.

57. Order of King in Council. Referring following to the
Council of Trade and Plantations for their report. Signed, Ja.
Vernon. Endorsed, Recd., Read 5th Sept., 1717. ¾ p. Enclosed.

57. i. Petition of Samuel Barwick, of the Council of Barbados,
to the King. Applies for extension of leave for one
year longer (v. Sept. 12). Copy. ¾ p. [C.O. 28, 15.
Nos. 12, 12 i.; and 29, 13. pp. 392, 393.]

Aug. 29.Whitehall.

58. Mr. Popple to Mr. Shelton. Encloses the proposal of
Lt. Governor Spotswood and Mr. Eden relating to the boundaries
of Virginia and North Carolina. The Council of Trade and Plantations desire to know as soon as may be the sentiments of the
Lords Proprietors of Carolina thereupon. [C.O. 5, 1364. p. 522.]

Aug. 29.Virginia.

59. Lt. Governor Spotswood to the Council of Trade and
Plantations. Abstract. Encloses Journals of Council with abstracts in margin as desired. Hopes that the steps he has taken
to prevent frauds in the revenue arising from the sale of lands
will be approved, though censured by some men there. Refers to
former letters relating to the Cattawba and other Western
Indians. As soon as they had made peace with S. Carolina,
they came to Christanna with their hostages as promised, where
he conferred with them, and observed their great desire to continue
in friendship with the English. But in the night, a party of the
Five Nations and Tuscaroras attacked their camp, killed five,
wounded two, and carried off some prisoners. It was only with
great difficulty that he convinced them that this was not due to
treachery on the part of the English. They then delivered
eleven of their children as hostages, whom he placed under the
care of the same schoolmaster as those of the Tributary Indians
at Christanna. To demonstrate the good faith of the English,
he sent to New York to demand the release of the prisoners
carried away by the Indians, and to propose to the Governor
that, as an acknowledgment which might repair the affront
to H.M. Government, the Five Nations should send Deputies
to Virginia, to renew the peace made with that government in
1685. But though Brigadier Hunter very vigorously pressed
them to it, they will not treat anywhere except at Albany, where
they expect all H.M. Governors to attend them. After the
expense the Crown has been at in presents to them, he cannot
believe it is H.M. intention that they should entertain such
unreasonable notions as that their alliances extend no farther
than to the people of New York. With the approbation of the
Council, he is about to confer at Philadelphia with the Governors
of New York, Maryland and Pennsylvania, and hopes to concert
with them measures to render the Indians more obsequious to
the several interests of all these Provinces etc. Continues:—There are very just grounds to suspect, that some loose fellows who
were carrying on a clandestine trade with the Tuscoruros, contrary to the laws of this countrey, gave intelligence to the Northern
Indians of the arrival of the Cattawbas at Christanna, and of
their being encamped without their arms, wch. encouraged the
one to fall on the other. This occasioned the issuing one of the
Proclamations herewith sent, for prohibiting that clandestine
trade. This shows the necessity of continuing the Indian trade
under the regulations now established by law, and how little
regard those people have to the peace of this country, who would
perswade yor. Lordps., by setting aside the late Act of Assembly,
to leave that trade again at large, and the Indians to be influenced
by the pernicious counsels of the dreggs of the people, such as
used heretofore to carry on that trade, and who if they can promote their own private gain, are regardless of the lives even of
their fellow traders and much less of the publick faith of Governmt.
or the consequence it may have on these Plantations to engage
the heathen in blood. Refers to case of Harry Beverley. v. May
1st. Continues:— Since which he is arrived here, having made
his escape from La Vera Crux, where he had been seven moneths
a prisoner, without any tryal, to he often petitioned for it:
but they took early care to confiscate his sloop and cargo, that
being what they most wanted, but upon what grounds they
founded this condemnation is yet a secret to all except themselves.
From the time of Mr. Beverleys arrival at La Vera Crux no
subsistance was allow'd either for himself or his crew, and had
it not been for the charity of the Assiento Companys Factors,
they must have perished for want. I have sent to Collo. Blakiston
a narrative of the whole matter drawn up by Mr. Beverley,
with papers referred to etc. Since I gave yor. Lordps. an account
of the manner, with which some of the Council received yr.
Lordps. opinion concerning the appointmt. of Judges of the
courts of Oyer and Terminer; some criminals committed after
the last General Court made it necessary for me to appoint
one of those Courts to be held the 2nd Tuesday of June: and
because I would remove that wrong notion wch. has been carefully infused into the people here, that H.M. has not the same
power of constituting Judges here, as in England, I appointed
five of the Council, and four other of the principal Gentlemen of
the Countrey to be the Judges of this Court; but some of the
former resolving still to adhere to their first opinion, that the
Council ought to be the sole Judges in all criminal cases, refused
to sitt, tho the Attorney General and all the other eminent
lawyers here, are clearly of opinion that there is nothing in
any law of this countrey or in the Charter of King Charles the
2nd that favours their pretensions etc. I should not have troubled
yor. Lordps. on this head etc. but that it is become a practice
of late to hand secret Remonstrances, without my knowledge,
to private Agents to be made use of, for carrying on underhand
designs, and I'm apprehensive some such may be made on this
occasion: And therefore I was willing to give yor. Lordps.
some intimation of this dispute, that you may not be surprized
into any alteration of what you have already declared to be
yr. sentiments thereof, nor made to believe that while I am
contending for the legal right of the Crown, I am lessening
the just priviledges of the Council, for whatever specious arguments
they may use, 'tis certain their pretensions are as new as frivolous,
the Constitution of England, the Laws of this countrey, and the
constant practice of former times are entirely agt. them, and
I hope yor. Lordps. will give no countenance to anything that
shal be urged in their behalf till I have an opportunity of setting
forth what may be justly offerred in support of H.M. Prerogative,
and of the power wch. H.M. has been pleased to grant to his
Governors for nominating such Judges, which is now called
in question. Signed, A. Spotswood. Endorsed, Recd. 29th
Oct., Read 19th Dec., 1717. 6 pp. Set out, Va. Hist. Soc.
Spotswood Papers, II. 256 ff. Enclosed,

59. i. Remarks upon the present state of the Treasury rights in
Virginia, with proposals for an enquiry into that branch
of the Revenue, which arises from the sale of H.M. lands,
and for settling hereafter a more exact method in accounting for the same. In 1699 the Governor and Council
came to the resolution of selling the King's lands at
the rate of £5 sterl. per 1,000 acres. The Receiver-General was thereupon directed to accept money on
that account from all persons whatsoever; and for
as many crowns sterling as he should receive to issue
so many rights to the person paying the same. These
rights entitle any person, that produces them, to take
up, upon any part of the King's land within this Government, 50 acres for each right, and pass as ready money
in this Colony. These rights, (or money-bills) were
never subject to any kind of audit untill this present
year. These rights do not issue out of any settled
Office, nor at any appointed times, nor in any ascertained quantitys, nor under the description of numbers,
but wherever the Receiver General is mett with, he
issues them at his pleasure and is not under any manner
of controul, besides the oath wch. he is obliged to make
to his general accompt of the Revenue. He usually
writes a short certificate wch. entitles the purchaser
to as many rights as is then paid for. Points out the
dangers and inconveniences of such a system, with
proposals for regularising the issue of certificates etc.
Endorsed as preceding. 3 pp.

59. iii. Proclamation for preventing frauds in the Treasury
rights (v. No. 1). All outstanding Treasury rights are
withdrawn, but upon presentation thereof to the
Receiver General new rights will be issued without fees
etc. Williamsburgh, Jan. 23rd, 1716 (1717). Signed,
A. Spotswood. Copy. 2 pp.

59. iv. (a) Proclamation prohibiting all unlawfull trading
and correspondence with the Tuscoruro Indians.
Clandestine traders with the Tuscoruros are suspected
to have encouraged them and divers of the Senaquas
to attack the Cattabaw Indians, 10th April. Only
those authorised by law are to trade with the Tuscoruro
Indians, under penalty of 3 months imprisonment etc.
May 4th, 1717. Signed, A. Spotswood. 1½ pp.

60. Order of King in Council. Referring following to the
Council of Trade and Plantations for their report. Signed, Ja.
Vernon. Endorsed, Recd., Read 4th Sept., 1717. 1¼ pp.
Enclosed,

60. i. Petition of Col. William Codrington to the King. Heir
and executor of Governor Christopher Codrington,
prays H.M. to grant him 763 acres of the late French
part of St. Christophers, a plantation of which Governor
Christopher Codrington took possession in 1691, and
improved it, until Governor Parke seized it and dispossessed him of it, and after him Governour Douglas
tooke possession thereof. Copy. 2 pp.

61. Order of King in Council. Referring following to the
Council of Trade and Plantations for their report. Signed,
Ja. Vernon. Endorsed, Recd. 7th Sept., Primer'd, 24th Oct.,
1717. 1p. Enclosed,

00. i. Petition of Stephen Browne to the King. Prays for
grant of 700 acres in St. Christophers etc. as Aug. 28.
Copy. 1½ pp.

61. ii. Certificate by inhabitants of St. Christophers and
Montserratt, as to Stephen Browne's loyalty, bravery
and sufferings in defence of those Islands. Signed,
John Lambert and 10 others. Copy. 1 p.

62. Rowland Tryon to the Council of Trade and Plantations. Proposes on behalf of the following to purchase plantations (described) in the late French part of St. Christophers,
at £6 per acre, or as much more as any other person shall offer;
for Josper Verchild 200 acres; for Capt. Giles McArthur 200
acres; for William McDowall 200 acres; for James Millikin
200 acres; for Daniel Burchall 200 acres; for Governor Hamilton
400 acres, and 200 acres of little value for as much as any other
person will give; for John Hutchinson, 100 acres. Signed,
Rowld. Tryon. Endorsed, Recd. 30th Augt., Read 4th Sept.,
1717. 3½ pp. [C.O. 152, 12. No. 33.]

Aug. 30.Whitehall.

63. Council of Trade and Plantations to Lt. Governor
Spotswood. Acknowledge letters of 16th Jan., 23rd and 24th
May, and 3rd and 11th July, 1716, 16th and 30th April, 30th and
31st May, 1717, and one without date (? April 5th). To your
letter of 16th April, 1717, and several paragraphs in the others,
we have little to say H.M. having been pleas'd to repeal the
Act for the better regulating the Indian Trade as you will see by
the enclos'd Order of Council, (31st July). Give Instructions
as directed in that Order, and refer to other Acts repealed thereby.
Continue:—You will take care that H.M. pleasure herein be
publish'd. You tell us (v. April 5th) that we are again to have
under our consideration the Council's pretensions to be sole
Judges in the Courts of Oyer and Terminer. We have not yet
had any application made to us upon that head. But as it
appears to us at present you are fully empower'd by your Commission to constitute and appoint Judges; and in cases requisite
Commissrs. of Oyer and Terminer which will be a good rule
for you to act by till it shall appear that this authority granted
to you under the Great Seal of England has been repeal'd by
some equal or superior power. We have consider'd your reasons
against the Councillors acting in two capacitys, vizt. as Councillors
under an oath and as the upper House of the genll. Assembly
without, upon which we must observe that the Council act as
part of the Legislature by vertue of their being Councillors only,
for which reason we cannot conceive why they make that distinction you mention. The other distinction which you say they
make vizt. that they are not to give their opinion upon the
legality of any Act of Government, because as they are Judges
of the General Court, the same or a case of the like nature may
come in judgmt. before them there, this we conceive to be a
very unreasonable difficulty, because as they are of H.M. Council,
they are oblig'd freely to deliver their opinions in all matters
relating to his service and the support of the Government,
wherefore they ought to declare upon every matter, that may
arise in Council, relating to the Government what they think
may or may not be lawfully done, and this has been the constant
practice of such Judges in England as have had the honour to
sit in H.M. Privy Council here. As to the setling the bounds of
Carolina so soon as we have receiv'd the answer from the Lords
Proprietors we shall lay that matter before H.M. for his directions,
and let you know his pleasure thereupon. We have laid what
you write, 30th April, upon the proceedings of the Government
of South Carolina etc. before H.M.; and so soon as we are inform'd of H.M. pleasure therein, we shall not fail to give you
notice. We have in like manner laid before H.M. by a Secretary
of State, what you write, 30th May, relating to the deficiencies
of the Revenue of 2s. pr. hogshead etc., and doubt not but you
will have timely notice of H.M. directions thereupon. Upon
this occasion, we cannot but commend your care in sending
us the accts. of the two abovemention'd revenues. But as it
frequently happens that H.M. wants to be inform'd of the state
of the whole or some particular branches of the Revenue in the
Plantations, we are not able to comply with H.M. commands
therein for want of such regular accounts as governors are
requir'd to transmit to us, wherefore H.M. has been pleas'd to
direct us to remind all the Governors of their Instructions in
that behalf, and to require them to send us constant and distinct
accounts of the several branches of the Revenue in their respective Governments. To which you will likewise be pleas'd
to add an establishment of the constant and regular expence for
the support of the Government, distinguishing particularly
what Revenues are appropriated for that purpose and from what
causes it doth proceed that the same falls short of the expences,
together with a separate acct. of all contingent and extraordinary
charges. And it will be absolutely necessary we shou'd be
constantly inform'd of the number of acres granted by H.M. to
the several Planters in every distinct county of your Government together with the rent reserv'd thereupon. You will
also let us know how the publick accts. are audited. Whenever
the author of the anonymous letter and queries shall appear to
make good the matters therein contain'd, your answer and the
papers therein referr'd to, 16th Feb., will be of use. In the
meantime you may assure yourself we shall not report anything
upon this or any other complaint till you have fully had an
opportunity to justify yourself. So we bid you heartily farewell
and are your very loving friends and humble servants etc. [C.O.
5, 1364. pp. 522–528; and (rough draft) 5, 1335. pp. 207–215.]